You may have chosen marriage, but you don’t have to be responsible for your spouse’s delinquent tax debt. Married filing jointly provides certain tax benefits for married couples; however, it also comes with a silent cautionary tale. When a couple owes taxes to the IRS, both spouses are responsible for the delinquent tax debt – unless you qualify for Innocent Spouse Relief.
IRS Innocent Spouse Relief Criteria
As an innocent spouse, you are not responsible for your spouse or former spouse’s tax liability if the following is true:
• The tax liability resulted from erroneous information on the joint return
• You didn’t participate or possess any knowledge of the erroneous information reported
Like any other tax relief program, there are qualifications you must meet and provide the IRS with adequate information to prove your case. Tax Defense Network’s qualified tax professionals will collect the necessary documentation and work with you to file the request on your behalf, ensuring no important detail is overlooked.
Tax debt after divorce: Whether married, separated, or divorced, the IRS will not let you off the hook if tax debt was assessed during the marriage. Both you and your former spouse are legally liable for the tax debt assessed during the marriage and will share the burden of all resulting collection efforts, despite your current marital status.
If you don’t qualify for Innocent Spouse Relief and are held liable for the due balance, your consultant is well equipped to find an alternative solution for you to resolve your tax issues. For example, you may qualify for an agreement that allows you to make monthly payments over a period of time, or you may even qualify for Currently Non-Collectible status, which allows you to make no payments to the IRS until your financial situation improves.